CEDH · PRESS;HEARINGS;ENG — 16 janvier 2008

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sBB9EE52A { font-family:Arial } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } .sA36B60A1 { font-family:Arial; font-style:italic } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s653E6C45 { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#0069d6 } .s69BE285C { margin-top:0pt; margin-left:85.05pt; margin-bottom:0pt; text-indent:-85.05pt } .s9A223E1B { width:11.03pt; text-indent:0pt; display:inline-block } .s595A57E4 { width:85.05pt; text-indent:0pt; display:inline-block } .s61E420C2 { font-family:Arial; font-variant:small-caps } .sA8C2B9B0 { width:20.37pt; text-indent:0pt; display:inline-block } .sC7EAD8B { font-family:Arial; font-weight:bold; text-decoration:underline } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } EUROPEAN COURT OF HUMAN RIGHTS   024 16.1.2008   Press release issued by the Registrar   GRAND CHAMBER HEARING DEMİR AND BAYKARA v. TURKEY   The European Court of Human Rights is holding a Grand Chamber hearing today Wednesday 16 January 2008 at 9 a.m. , in the case of Demir and Beykara v. Turkey (application no. 34503/97).   The hearing will be broadcast from 2.30 p.m. on the Court’s Internet site http://www.echr.coe.int .     The applicants   Kemal Demir and Vicdan Baykara are Turkish nationals who were born in 1951 and 1958 respectively. Mr Demir lives in Gaziantep and Ms Baykara in Istanbul. At the material time, Ms Baykara was the general secretary of the Tüm Bel Sen trade union and Mr   Demir a member.   Summary of the facts   The case concerns a finding by the Court of Cassation that Tüm Bel Sen had no separate legal personality and the consequent cancellation of a collective bargaining agreement it had entered into with Gaziantep Town Council.   Tüm Bel Sen was founded in 1990 by civil servants from various localities, to promote democratic trade unionism and to serve the aspirations and needs of its members.   In 1993 it entered into a collective bargaining agreement with Gaziantep Town Council regulating all aspects of working conditions at the council, including salaries, benefits and welfare services. It later sued the council on the ground that it had defaulted on its obligations, in particular, those of a financial nature. It won the case at first instance.   However, on 6 December 1995 the Court of Cassation ruled that at the time Tum Bel Sen was founded Turkish law did not permit civil servants to form unions and that it could not rely on the relevant international treaties as they were not yet applicable in Turkish law. It therefore concluded that Tum Bel Sen did not have legal personality or the capacity to enter into a collective bargaining agreement.   Following an audit of the town council’s accounts by the Audit Court, the State asked the members of Tum Bel Sen to reimburse the additional revenue they had received under the defunct collective bargaining agreement.   Complaints   The applicants complain under Articles 11 (freedom of assembly and association) and 14 (prohibition of discrimination) of the European Convention on Human Rights that the Turkish courts have denied them the right to form a trade union and to enter into a collective bargaining agreement.   Procedure   The application was lodged with the European Commission of Human Rights on 8 October 1996. It was transferred to the Court on 1 November 1998 and declared partly admissible on 23   September 2004.   In its Chamber judgment of 21 November 2006, the Court held unanimously that there had been a violation of Article 11 (freedom of assembly and association) of the European Convention on Human Rights.   On 21 February 2007 the Government requested that the case be referred to the Grand Chamber under Article 43 (referral to the Grand Chamber) and on 23 May 2007 the panel of the Grand Chamber accepted that request.   Composition of the Court   The case will be heard by the Grand Chamber composed as follows:   Christos Rozakis (Greek), President , Nicolas Bratza (British), Boštjan M. Zupančič (Slovenian), Peer Lorenzen (Danish), Françoise Tulkens (Belgian), Giovanni Bonello (Maltese), Riza Türmen (Turkish) Volodymyr Butkevych (Ukrainian), Josep Casadevall (Andorran), Vladimiro Zagrebelsky (Italian), Stanislav Pavlovschi (Moldovan), Lech Garlicki (Polish), Alvina Gyulumyan (Armenian), Ljiljana Mijović (citizen of Bosnia and Herzegovina), Dean Spielmann (Luxemburger), Mark Villiger (Swiss) [1] , Pâivi Hirvelä (Finnish), judges , Kristaq Traja (Albanian) Ján Šikuta (Slovakian), Rait Maruste (Estonian), substitute judges , and also Michael O’Boyle , Deputy Registrar .   Representatives of the parties   Government :   Deniz Akçay , Co-agent ,   Esra Demir , Zeynep Gökşen Acar , İlkem Altintaş , Esin Esin , Özden   Gazialem , Kasım Afşin , Lütfü Savran , Advisers ;   Applicants :   Sevgi Karaduman , Counsel .   The applicant, Vicdan Baykara will also attend the hearing.     ***   After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date [2] .   Press contacts Emma Hellyer (telephone: 00 33 (0)3 90 21 42 15) Stéphanie Klein (telephone: 00 33 (0)3 88 41 21 54) Tracey Turner-Tretz (telephone: 00 33 (0)3 88 41 35 30) Paramy Chanthalangsy (telephone: 00 33 (0)3 90 21 54 91)   The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. [1] Judge elected in respect of Liechtenstein. [2] This summary by the Registry does not bind the Court.